MANILA (UPDATED) — The Department of Environment and Natural Resources said Wednesday it had ordered the temporary closure of a now viral resort near Bohol's Chocolate Hills last year. 

The DENR said it issued a temporary closure order in September 2023 and a notice of violation in January 2024 against Captain's Peak Resort "for operating without an ECC (environmental compliance certificate)." 

The agency said it directed Bohol's environmental office to create a team and inspect the resort's compliance to the temporary closure order.

Photos and videos showed the resort's proximity to the Chocolate Hills, drawing backlash and concern from hundreds of social media users. 

"Chocolate Hills" was among the top Philippine trends on X, the former Twitter, as of 3 p.m.

The DENR noted that the Chocolate Hills were declared a protected area in 1997 to preserve its iconic landscape and promote sustainable tourism.

If a land was titled prior to an area's designation as a protected area, "the rights and interests of the landowner will generally be recognized and respected," DENR said. 

"However, the declaration of the area as a protected area may impose certain restrictions or regulations on land use and development within the protected area, even for privately-owned lands. These restrictions and regulations are to be detailed in the Environmental Impact Statement prior to the issuance of an Environmental Compliance Certificate (ECC) for the project," it added. 

The Chocolate Hills in Bohol was declared a national geological monument by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 1988 "in recognition of its scientific value and geomorphic uniqueness."

"Similar to the formations found in Java, the conical and almost symmetrical and same-sized hills known as the 'Chocolate Hills', are more aesthetically extensive. These were the uplift of coral deposits and the result of the action of rainwater and erosion," UNESCO said in its website.

"The hills are located throughout the towns of Carmen, Batuan and Sagbayan and consist of about 1,776 mounds of the same general shape. During the dry season when precipitation in inadequate, the grass-covered hills turn chocolate brown, hence the name in reference to a branded confection," they added. 

Sen. Nancy Binay said the existence of the resort was "infuriating" and "heartbreaking."

"Sa unang tingin pa lamang, alam na nating may mali. Kung ang mga ahensya ng gobyerno na may tungkulin at responsabilidad na pangalagaan ang Chocolate Hills ay may pro-environment mindset, ang tanong po natin, bakit nakapagtayo ng resort at mayroon pang cottages at swimming pool sa isang 'classified natural monument' sa ilalim ng (National Integrated Protected Areas System) at isang protected UNESCO Geopark?" said Binay, head of the Senate Committees on Tourism, Cultural Communities.

(Even at first glance, we know there's something wrong. If the government agencies which have a duty and responsibility to protect Chocolate Hills have a pro-environment mindset, we should ask, why was a resort with cottages and a swimming pool built in a 'classified natural monument' under NIPAS and in a protected UNESCO Geopark?)

Binay said the Protected Area Management Board in 2022 and 2023 approved a resolution endorsing the resort's construction. She said the DENR and other agencies should "explain as to why even with Chocolate Hills' protected status, construction permits continue to be granted." 

According to the Department of Tourism, Captain's Peak Resort Development in Chocolate Hills is not an accredited tourism establishment. It also has no pending application for accreditation.

"The Department, through its Regional Office in Central Visayas, has been in coordination with the Bohol Provincial Government since August 2023 to express its concerns regarding this matter, especially recognizing the necessity of preserving the integrity of this natural resource," the DOT said in a statement. 

CHOCOLATE HILLS AS MULTI-USE ZONE

Atty. Jamie Aumentado-Villamor, Board Member of the 2nd District of Bohol, said they have investigated the resort from August to September in 2023, and she confirmed that the Protected Area Management Board (PAMB) issued a permit to the resort.

“We also have to note na before po siya na-declare as a protected area, titled na po itong mga property na ito,” Aumentado-Villar said in an interview with Teleradyo Serbisyo.

“Pero even though may mga private owners na ito, but still, dahil protected area siya, it is still under the DENR,” she added.

Aumentado-Villamor noted that the Chocolate Hills is declared as a multi-use zone, which allows for the establishment of certain structures in the area.

Following this incident, she is hoping that protected areas in the country should be declared as strict use zones, if the government has not yet explored the possibility of buying the land titles for these areas.

“I believe na ‘yung mga protected areas natin, especially those that we think na hindi siya dapat galawin ng mga tao, dapat talaga, strict use zone. It should be categorized as such,” Aumentado-Villar also said.

Meanwhile, Bohol Rep. Alexie Tutor expressed her support for Aumentado-Villar to investigate the resort.

She also urged the Department of Environment and Natural Resources to intervene.

“I am against any decision or action that goes against the status of the Chocolate Hills as a UNESCO Geopark. The Chocolate Hills are also protected by a Presidential Proclamation. That Captain’s Peak Resort should not have been allowed to be built there in the first place. It should be demolished and the construction site should be restored, with costs borne by the owners of that resort,” she said in a statement.

“But before this can happen, we have to follow due process. I support the moves of Bohol Province Board Member Atty. Jamie Aumentado Villamor, chairperson of the Provincial Board Committee on Environment and Natural Resources Protection. I agree with the Committee's findings and course of action. The Committee is correct in seeking the intervention of the Environment Secretary Maria Antonia Yulo-Loyzaga. We hope the DENR Secretary will hold in abeyance the decision on the operation of Captain’s Peak Resort,” Tutor added.

INVESTIGATION ONGOING

Speaking to ABS-CBN News, Felito Pon, executive secretary of the Office of the Mayor of Sagbayan, said Wednesday that an investigation has been ordered by the Provincial Council and the Department of Environment and Natural Resources (DENR). 

Pon added that the PAMB earlier advised the resort owner to apply for an environment compliance certificate (ECC) and confirmed that the construction and operation came before the documentary requirement. 

“Sa ngayon wala pa po. They are complying all the requirements kasama na doon yung sa side ng LGU. Magkaiba kasi yung structure kasi sa engineering yun eh. Iba din yun sa ECC,” he said.

 (As of now they don’t have one. They are in the process of complying with the requirements including the ones required by the LGU. (Certificates for) the structures are different because that’s with the engineering (department). The ECC is different.) 

In a statement released by the DENR on Wednesday, it confirmed that Captain’s Peak is operating without an ECC and has in fact issued a notice of violation in January this year, for doing so. 

The Chocolate Hills was declared a National Geological Monument and Protected Landscape in 1997 by virtue of Proclamation 1037 signed by late President Fidel Ramos. This aimed “to preserve the iconic landscaper of the Chocolate Hills and promote sustainabLe tourism while protecting the biodiversity and environmental integrity of the area.” 

A Boholano himself, Pon said they are against the defacement of any of the 1,776 Chocolate Hills and personally does not consider the construction of a resort at the bottom of the hill as such. 

“I don’t consider it as a defacement of Chocolate Hills. I have read the rules of the DENR, [and] meron silang ina-allow yung certain structure within the protected area, as long as it cannot deface the hills. To me it’s not defacement. This is actually the words taken from the committee investigating the case.” 

The DENR explained that if a land was titled prior to the proclamation, “the rights and interests of the landowner will generally be recognized”. But certain restrictions and regulations may be imposed particularly on land development, including those privately-owned. 

Pon also confirmed that the resort remains operational.

 “Their operation halted for more than 2 years and so the directive of the provincial government is for all resorts in the province to resume their operations. So they resumed their operation after lifting of COVID-19.” 

But as early as September 6, 2023, the DENR said it has issued a temporary closure order. 

As of Wednesday, DENR Region 8 executive director Paquito Melicor has issued a memorandum directing the Provincial Environment Regional Office to formulate a team to inspect Captain’s Peak Resort and its compliance to the closure order.  -- With a report from Raphael Bosano, ABS-CBN News